Working in USA on H1B visa and have Green Card in process. Can I apply for express entry?

[pallavichauhan88]

GC has been initiated but as an Indian it will take years before I get it. Sk as back up option thinking of getting Canadian PR.
Is it possible to apply for both? Or there are issues?

 

[uthejsree]

I don't see a reason for you to not apply for Canadian PR. It's just that you aren't allowed to go outside the USA while the GC is in process.

 

[Canadacrazy]

I don't see a reason for you to not apply for Canadian PR. It's just that you aren't allowed to go outside the USA while the GC is in process.

Ya. You can still apply. But the real question araises when both are approved. I heard some one saying you can only keep one either GC or Canadian PR and give up other. Given GC takes wayyyy long I think you should be fine (for now).

 

[uthejsree]

Ya. You can still apply. But the real question araises when both are approved. I heard some one saying you can only keep one either GC or Canadian PR and give up other. Given GC takes wayyyy long I think you should be fine (for now).

Oh really?! I didn't know you can have only one of US or Canada PRs. Never heard of this. But I guess he/she should be good for now, like you said, the GC process takes really long.

 

[smcan2014]

I don't see a reason for you to not apply for Canadian PR. It's just that you aren't allowed to go outside the USA while the GC is in process.

Wrong. You can go out of the US as many times as you want while your GC is being processed. Personally, I have lost count of how many times I have been out of the US during GC processing.

 

[uthejsree]

Wrong. You can go out of the US as many times as you want while your GC is being processed. Personally, I have lost count of how many times I have been out of the US during GC processing.

Oh thanks for correcting me there Appreciate it!

 

[pallavichauhan88]

Thank you all for your response. This helps.

 

[cic86]

GC has been initiated but as an Indian it will take years before I get it. Sk as back up option thinking of getting Canadian PR.
Is it possible to apply for both? Or there are issues?

This is not legal advice but just my opinion:-

Your question is slightly vague. Do you mean issues after getting your GC or applying while you're in process of getting a GC?

Regardless, given the wait time for EB2/EB3 for Indian born, may as well forget about GC and shift to Canada. If you have an approved i140, your PD (priority date) is permanent even if you quit your job and return to India. Should you decide to restart the GC process at a later date, you can reuse the same PD for a fresh green card application with the same or different sponsoring employer.

To put it crudely, if I was in your place, I would permanently move to Canada only AFTER getting an i140 approved(since your place in the GC queue is permanent even though your labour certification will have to be restarted). However, I'm quite sure you can travel temporarily(vacation etc) outside US while your GC is in process.

 

[pallavichauhan88]

Thanks this helps. I will add more details to my original question -

My current situation is :

1. GC process has initiated but perm is not yet filled. In initial steps of collecting employer experience letter and DOL etc.
So, I do not believe that I will get I140 approved before 2019 mid year. Assuming June 2019 as a best case.

2. Now, in the meantime I did apply for express entry and received ITA. I need to submit my document by July 25th 2018 applying for Canadian PR.

So, my confusion is if I submit my documents for Canadian PR by July 25th 2018 then
1. By when can I expect the PR ?
2. Once I have PR, I have heard there is a timeline by when you should land in Canada to maintain the PR else it gets dissolved. What is that timeline?
3. Is it worth leaving GC in USA and moving to Canada?
4. Will applying for Canadian PR will have any adverse effect on my GC process? or vice-versa? Any relation between the two?
5. Hypothetical scenario based on last response, say I move to Canada with my PR, only after my I140 is approved in USA, then once I become Canadian citizen, will that I140 still be valid as my citizenship would change from Indian to Canadian.

Please advice.

 

[lampbreaker]

Thanks this helps. I will add more details to my original question -

My current situation is :

1. GC process has initiated but perm is not yet filled. In initial steps of collecting employer experience letter and DOL etc.
So, I do not believe that I will get I140 approved before 2019 mid year. Assuming June 2019 as a best case.
-- Don't quit your US job until 6 months after I-140 approval.
2. Now, in the meantime I did apply for express entry and received ITA. I need to submit my document by July 25th 2018 applying for Canadian PR.

So, my confusion is if I submit my documents for Canadian PR by July 25th 2018 then
1. By when can I expect the PR ?
-- Normally it takes 6 months max.
2. Once I have PR, I have heard there is a timeline by when you should land in Canada to maintain the PR else it gets dissolved. What is that timeline?
-- 1 year from your latest medical exam (which you will do before submitting PR application)
3. Is it worth leaving GC in USA and moving to Canada?
-- You don't have to quit the US job or GC process just for landing into Canada. You can land and then come back immediately. If you don't return to live permanenetly after 3 more years, only then you will lose your Canadian PR.
4. Will applying for Canadian PR will have any adverse effect on my GC process? or vice-versa? Any relation between the two?
-- No impact
5. Hypothetical scenario based on last response, say I move to Canada with my PR, only after my I140 is approved in USA, then once I become Canadian citizen, will that I140 still be valid as my citizenship would change from Indian to Canadian.
-- Yes, it will remain valid.
Please advice.

See above

 

[karthik506]

Get canadian PR. As Indian, you have to wait 4 to 5 years at least to get GC. By that time you become Canadian citizen and you can work in US without any difficulty...

 

[ee_candidate]

Get canadian PR. As Indian, you have to wait 4 to 5 years at least to get GC. By that time you become Canadian citizen and you can work in US without any difficulty...

That's not entirely correct. A canadian citizen still needs a work visa for the US. An option is the TN1 which may be better than the H1b in some respects but not always.

@pallavichauhan88 Your I-140 is quite far away as it seems the recruitment and PERM stage is yet to start. Like with any immigration matter, any rule can change at any time. Likewise canadian PR rules may not be favorable for you at a later date. I would apply for it either way. Neither PR has an effect on the other.

 

[ee_candidate]

As for your other queries,

1. PR processing time is 6 months. Most US based get it in 3-4 months. Lucky few get it within a month (that's rare)
2. You have to 'activate' the PR by landing in Canada within a year of your medical or passport expiry whichever is earlier
3. That's a personal choice. Only you know your timelines / priorities / end goals.
4. No
5. Don't know. The Green Card timeline is so far out that rules would probably change by the time your I-140 (if it exists then) is current.

 

[cic86]

See above

She doesn't have to wait another 6 months after i140 is approved to retain her PD. https://www.quora.com/Do-I-have-to-wait-for-6-months-after-receiving-my-I-140

 

[lampbreaker]

She doesn't have to wait another 6 months after i140 is approved to retain her PD. https://www.quora.com/Do-I-have-to-wait-for-6-months-after-receiving-my-I-140

Yes, but the protection from I140 revocation starts after 6 months.